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Archive for ‘Substantive Law: Legislation’

Court Stays Criminal Negligence Charge Against Worker

The Ontario Superior Court of Justice stayed a criminal negligence charge against a boom truck worker who pleaded guilty to an Occupational Health and Safety Act charge three years earlier after causing a workplace fatality. The Court reasoned, in part, that the police’s uncertainty in laying the criminal charges after the worker’s guilty plea to the OHSA charges constituted a breach of the sense of fair play. The Court cited a breach of sections 7 and 11(d) of the Canadian Charter of Rights and Freedoms. . . . [more]

Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

British Columbia Human Rights Commission Coming Back After 15 Years

On August 4, 2017, the newly elected NDP government announced that they will “re-establish a human rights commission to fight inequality and discrimination in all its forms.” . . . [more]

Posted in: Justice Issues, Practice of Law, Practice of Law: Future of Practice, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Ontario AODA Compliance and Enforcement 2016 Report

On June 21, 2017, the Ontario Accessibility Directorate tabled the accessibility compliance and enforcement report for 2016. The report outlines the Directorate’s activities in 2016 to oversee compliance with the Accessibility for Ontarians with Disabilities Act and its accessibility standards. . . . [more]

Posted in: Miscellaneous, Substantive Law, Substantive Law: Legislation

Transport Canada Publishes Draft Drone Rules – Still Not Hobbyist Friendly

In March I wrote about Transport Canada’s overly restrictive drone rules. A few weeks ago they lightened those rules a bit.

Transport Canada just released draft permanent rules for comment. They propose a complex set of rules that vary among 5 different categories of drone. While the proposed rules will make commercial use a bit easier, they are not friendly to personal use.

MobileSyrup details the proposed rules and comments that: “The new rules, if approved, would dramatically reduce the paperwork burden on both Transport Canada and commercial drone operators, but they would also increase the costs for all . . . [more]

Posted in: Substantive Law: Legislation, Technology

Public Hearings on Bill 148, Fair Workplaces, Better Jobs Act

The Ontario Legislative Assembly Standing Committee on Finance and Economic Affairs met from July 10 to July 14, 2017 (we were informed that hearings are continuing to July 21, 2017, Hamilton is today and Toronto closes the tour tomorrow) to consider and hold public hearings on Bill 148, Fair Workplaces, Better Jobs Act, 2017. The Bill amends the Employment Standards Act, 2000, the Labour Relations Act, 1995 and makes related amendments to other Acts. The government wanted to be sure that there are no unintended consequences because the changes in the Bill contain complex policies. . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Ontario’s Cannabis Consultation

Following the introduction of the Canada’s Cannabis Act earlier this year, provincial governments have been scrambling to determine the effect on legislation at their level of government. Alberta had already introduced proposed legislation on the subject last year, but the approach across the country has thus far varied considerably.

Ontario has finally announced a public consultation on the subject, which includes an online survey option or sending comments directly to the Ministry.

A consultation paper has also been released with this announcement. The 5 key areas the province is examining include:

  1. Setting a minimum age for having, using and buying
. . . [more]
Posted in: Substantive Law: Legislation

Employer Dodges Penalty After Failing to Adhere to Re-Employment Obligations

The Ontario Workplace Safety and Insurance Appeals Tribunal (WSIAT) recently addressed if and when a penalty should be imposed on an employer who failed to adhere to their re-employment obligations when it comes to employees who get hurt on the job. In this particular case, the Panel decided that a re-employment penalty would not be imposed on the employer, in part because the worker’s conduct played a substantial role in the termination of his employment. . . . [more]

Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Minorities Given Preferential Access to Cannabis Business Licenses Under D.C. Law

The Council of the District of Columbia has passed a law which gives minority-owned companies preferential access to cannabis business licenses.

The emergency legislation modifies a section of the Legalization of Marijuana for Medical Treatment Initiative of 1999 to provide that that

“a certified business enterprise (as defined in the Small, Local, and Disadvantaged Business Enterprise and Development and Assistance Act of 2005) shall be awarded a preference equal to 20 points or 7.5 percent of the available points, whichever is more.”

The law was sponsored by council member Robert White who said the law is necessary in order to . . . [more]

Posted in: Substantive Law: Foreign Law, Substantive Law: Legislation

Coast to Coast Provincial Cannabis Legislation Update

While it is still early days with the Cannabis Act having only been tabled about two months ago, things have begun buzzing at the provincial and municipal level where issues such as sale, distribution and consumption will be legislated. Below is a coast to coast summary of what is transpiring at the provincial (and in some instances municipal) level.

British Columbia

Out on the West Coast, British Columbia is known around the world for its cannabis but getting a sense for how liberal the law might be in B.C. is challenging at the moment.

After a highly publicized Provincial General . . . [more]

Posted in: Substantive Law: Legislation

Citizenship Act Amendments Passed

One of the most contentious aspects of the last Federal election was the platform of the incumbent government, which included powers that allowed the government to strip Canadians of their citizenship based on national security. With their defeat, the majority government in place has had the ability to attempt reforms in the area of citizenship that were mentioned during the campaign (but not the official platforms).

After several amendments were proposed by the Senate to the Citizenship Act and agreed to by the House, The Senate voted to send Bill C-6 for Royal Assent on June 15, 2017. Until . . . [more]

Posted in: Substantive Law: Legislation

Primer to Legislative Research Across the Provinces and Territories

Alan Kilpatrick, a law librarian with the Law Society of Saskatchewan (LSS), wrote earlier this month on the Legal Sourcery blog about a new Primer to Legislative Research Across the Provinces and Territories published by the Vancouver Association of Law Libraries (the linked version is a reprint by the LSS).

From the text of the Primer:

“This primer to legislative research is arranged by province/territory, with each table providing answers to seven questions.

  1. Do you have a centralized resource for Court Rules (either print or online)?
  2. Do you have any resources that help you with Provincial Point-In-Time Research?
  3. What is
. . . [more]
Posted in: Legal Information: Libraries & Research, Substantive Law: Legislation